The Delhi High Court has directed a private school in Ashok Vihar to issue a transfer certificate to a student whose parents are involved in a matrimonial dispute, asserting that the child’s welfare must take precedence over parental disagreements.
Justice Vikas Mahajan, while hearing the plea filed by the child through his mother, emphasized that under the Right of Children to Free and Compulsory Education Act, a school cannot refuse to issue a transfer certificate once a child seeks admission elsewhere. The order was passed on April 30, 2025.
“A perusal of the provision clearly shows that the same mandates that the school cannot deny the issuance of Transfer Certificate to the child who has sought admission in other school. In the event of delay in issuance of Transfer Certificate, even a disciplinary action can be taken against the Head-Master or In-Charge of the school,” the court stated.
The court reiterated that in any guardianship or matrimonial proceedings, the best interest of the child is of paramount importance.
In this case, the child’s mother had separated from her husband in April 2024, during which time the child was studying in Class 2. She later enrolled the child in a new school in Gurugram. However, the former school refused to issue the transfer certificate, citing the father’s opposition.
The court clarified that there was no injunction or restriction from the family court regarding the issuance of the transfer certificate in either the divorce or guardianship proceedings.
“The petition is disposed of directing the respondent (the school) to issue the transfer certificate to the petitioner within a period of one week from the date of receipt of copy of this order,” the court said.
